So now we’re up to March of ’09. I’m disgusted, I’ve tried to resign and they won’t let me and they’ve basically threatened me with contempt if I keep going.

So: time to keep going. I’m a product of the US Navy. These colors don’t run.

Also, I’m probably terminally naïve. I want to give them every chance to behave like respectable public figures who are not criminals. So, I figure I’ll harass them a little more, and also maybe, just maybe there’s a hint of an invitation there, something like “We’re not going to get into this other stuff with you, but if you ask us maybe we’ll undo the fucked up thing we did to your client.”

One other thing arguing in favor of trying one more time was that I could bring a motion to reopen the prohibition proceeding and that would involve the attorneys of record for Tom Moran from that proceeding, Underberg & Kessler of Rochester. I knew those guys. They weren’t insane. Maybe between us we could un-fuck the Appellate Division just enough so that they weren’t committing human rights abuses and international crimes. It’s a really low bar! Maybe they can make it if the guys at Underberg & Kessler will get onboard!

So by April of ’09 – a month after the latest stupid order from the AD rejecting my application to resign – I have a motion ready and as I’m serving it on Underberg & Kessler I enclose a “personal & confidential” letter to Jim D’Anza, and of course I did not copy in Moran on this one:

I also talked to Rick Dollinger, a more senior member of the firm. I had been good friends with Rick’s younger brother Doug back in college. I had first met him when I was 18 years old. I knew a lot of the Dollingers. I loved them dearly. Still do.

Now Underberg & Kessler was in a tough spot, and you know what happened? In response to the motion they did probably the only thing they could do: they didn’t respond to it. As Moran’s attorney of record they were bound to respond and they didn’t. Instead, Moran starts responding himself. Which looks really weird.